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THE  LIBRARY  OF  THE 
UNIVERSITY  OF 
NORTH  CAROLINA 


THE  COLLECTION  OF 
NORTH  CAROLINIANA 


Cp386 

1923 


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CENTS  a  day  thereafter.  It  is  DUE  on  the 

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NORTH  CAROLINA 


STATE  ROAD  LAW 


Raleigh 

Capital  Printing  Company 
State  Printers 
1923 


Digitized  by  the  Internet  Archive 
in  2019  with  funding  from 
University  of  North  Carolina  at  Chapel  Hill 


https://archive.org/details/northcarolinasta00nort_3 


[Public  Laws,  Session  1921,  as  Amended  by  Session  1923] 


An  act  to  provide  for  the  construction  and  maintenance 
of  a  State  System  of  Hard-surfaced  and  other  de¬ 
pendable  roads  connecting  by  the  most  practicable 
routes  the  various  county-seats  and  other  principal 
towns  of  every  county  in  the  State  for  the  develop¬ 
ment  of  agriculture,  commercial  and  industrial 
interests  of  the  State,  and  to  secure  benefits  of 
Federal  Aid  therefor,  and  for  other  purposes. 

The  General  Assembly  of  North  Carolina  clo  enact: 

Section  1.  That  chapter  one  hundred  and  eighty-nine  of  the  Law  amended. 
Public  Laws  of  North  Carolina,  session  one  thousand  nine  hun¬ 
dred  and  nineteen,  be  amended  so  as  to  hereafter  read  as  follows: 

General  Purposes  of  the  Act 

Sec.  2.  The  general  purposes  of  this  act  are  for  the  State  to  General  purposes 

of  act. 

lay  out,  take  over,  establish  and  construct,  and  assume  control 
of  approximately  5,500  miles  of  hard-surfaced  and  other  depend-  Mileage  contem- 
able  highways  running  to  all  county-seats,  and  to  all  principal  plated* 
towns,  State  parks,  and  principal  State  institutions,  and  linking 
up  with  State  highways  of  adjoining  states  and  with  National 
highways  into  National  Forest  Reserves  by  the  most  practicable 
routes,  with  special  view  of  development  of  agriculture,  commer¬ 
cial,  and  natural  resources  of  the  State,  and  for  the  further  pur- 
post  of  permitting  the  State  to  assume  control  of  the  State  high-  Control  of  state 
ways,  repair,  construct,  and  reconstruct  and  maintain  said  high-  R^a7r  and  ma;n. 

ways  at  the  expense  of  the  entire  State,  and  to  relieve  the  counties  tenance  of  high¬ 
ways. 

and  cities  and  towns  of  the  State  of  this  burden. 

Purpose  and  Intent  of  Act — Hard-Surfaced  Roads  and 

Maintaining  Same 

Sec.  3.  That  the  purpose  and  intent  of  this  act  is  to  establish 

a  system  of  State  highways  for  the  State,  hard-surfacing  said  System  of  state 

highways  as  rapidly  as  possible,  and  maintaining  the  entire  sys-  Har<Lsurfacing. 

tern  of  said  highways  in  the  most  approved  manner  as  outlined 

in  this  act.  Work  on  the  various  links  in  the  State  highway  work  leading  to 

system  shall  be  of  such  a  character  as  will  lead  to  ultimate  hard-  gfrrudc"^faced  con 

surfaced  construction  as  rapid^  as  money,  labor,  and  materials 

will  permit,  and  to  a  State  system  of  durable  hard-surfaced,  all-  State  system. 

weather  roads,  connecting  the  various  county-seats,  principal  Localities  con- 
,  ...  nected. 

towns,  and  cities. 

Establishment  of  the  Commission 

Sec.  4.  That  a  State  Highway  Commission  is  hereby  created,  state  Highway 
to  consist  of  a  chairman  from  the  State  at  large,  who  shall  be  a  chairman! 1 


4 


State  Road  Law 


Commissioners. 


Political  affilia¬ 
tions. 

Appointment. 
Confirmation  of 
appointment. 
Present  commis¬ 
sioners  to  fill  out 
terms. 


Appointment  of 
successors. 
Confirmation. 
Terms  of  office. 


Proviso : 

Removal  for  cause. 
Vacancies. 


Appointment  of 
successors. 


Confirmation. 

State  Highway 
Commissioner  to 
devote  entire 
time  to  work. 
Salary. 
Expenses. 


Authority  vested. 


Pay  of  members 
other  than  chair¬ 
man. 


Location  of  main 
office. 


Commission  to 
organize  and 
adopt  seal. 
Minutes  of 
meetings. 
Minutes  open  for 
inspection. 

Rules  of  order. 


practical  business  man,  and  who  shall  be  known  as  the  State 
Highway  Commissioner;  and  nine  (9)  commissioners,  one  from 
each  construction  district  as  hereinafter  designated,  three  of 
whom  shall  be  of  the  minority  political  party,  one  for  each  of  the 
three  terms,  all  to  be  appointed  by  the  Governor,  such  appoint¬ 
ments  to  be  confirmed  by  the  Senate.  The  State  Highway  Com¬ 
missioner  of  the  existing  Highway  Commission  and  all  other  com¬ 
missioners  whose  terms  do  not  expire  on  April  first,  one  thousand 
nine  hundred  and  twenty-one,  shall  hold  office  during  their  pres¬ 
ent  unexpired  terms.  At  the  expiration  of  the  present  term  of 
the  chairman,  and  any  commissioner  whose  term  has  not  expired, 
his  successor  shall  be  appointed  by  the  Governor  for  a  period  of 
six  years,  such  appointment  to  be  confirmed  by  the  Senate.  That 
two  of  said  commissioners  shall  be  appointed  for  two  years  from 
April  first,  one  thousand  nine  hundred  and  twenty-one;  three  of 
said  commissioners  shall  be  appointed  for  four  years  from  April 
first,  one  thousand  nine  hundred  and  twenty-one;  three  of  said 
commissioners  shall  be  appointed  for  six  years  each,  such  appoint¬ 
ments  to  be  confirmed  by  the  Senate:  Provided,  that  any  commis¬ 
sioner  appointed  or  elected  under  this  act  may  be  removed  by  the 
Governor  for  cause.  In  case  of  the  death,  resignation,  or  removal 
from  his  district  of  any  commissioner  during  his  term  of  office, 
his  successor  shall  be  appointed  by  the  Governor  from  the  same 
construction  district  and  from  the  same  political  party  in  which 
the  vacancy  occurs  to  fill  out  his  unexpired  term,  such  appoint¬ 
ment  to  be  confirmed  by  the  next  Senate.  At  the  expiration  of 
the  term  of  the  chairman,  and  the  various  commissioners,  their 
successors  shall  be  appointed  by  the  Governor  for  a  term  of  six 
years  each,  such  appointments  to  be  confirmed  by  the  Senate.  The 
State  Highway  Commissioner  shall  devote  his  entire  time  and 
attention  to  the  work  of  the  commission  and  receive  as  compen¬ 
sation  and  salary  therefor  fifty-five  hundred  dollars  ($5500)  per 
annum,  payable  monthly,  and  his  actual  traveling  expenses  when 
engaged  in  the  discharge  of  his  duties.  Said  State  Highway  Com¬ 
missioner  shall  be  vested  with  all  the  authority  of  said  commis¬ 
sion  when  same  is  not  in  session.  The  members  of  the  State 
Highway  Commission,  other  than  the  chairman  of  the  commission, 
shall  each  receive  ten  dollars  ($10)  per  day  while  engaged  in  the 
discharge  of  the  duties  of  their  office,  and  their  actual  traveling 
expenses.  The  headquarters  and  main  office  of  the  State  High¬ 
way  Commission  shall  be  located  at  the  State  Capitol.  The  mem¬ 
bers  of  the  said  commission,  at  their  first  meeting,  shall  organize 
and  adopt  a  common  seal;  they  shall  keep  minutes  of  their  meet¬ 
ings,  wThich  shall  be  open  to  public  inspection;  they  shall  have  the 
power  to  adopt  and  enforce  rules  and  regulations  for  the  govern¬ 
ment  of  their  meetings  and  proceedings,  and  for  the  transaction 
of  the  business  of  the  commission;  and  shall  have  the  power  and 


^  o 


State  Road  Law  5 

authority  to  make  all  rules  and  regulations  for  carrying  out  the  Rules  and  regu- 
true  intent  and  purposes  of  this  act.  They  shall  meet  at  the  ingout^cu*^" 
offices  of  the  commission  at  such  regular  times,  not  less  than  Meetings. 
quarterly,  as  they  may  by  rule  provide,  and  may  hold  special  Special  meetings, 
meetings  at  any  time  and  place  at  the  call  of  the  chairman,  or  any 
five  members.  The  first  meeting  of  the  commission  shall  be  at  the  Call  for  first 
call  of  the  Governor  as  soon  as  practicable  after  the  ratification  meeting' 
of  this  act. 


State  Highway  Engineer  and  Other  Employees 


Sec.  5.  The  said  commission,  at  its  first  meeting  or  as  soon 
thereafter  as  practicable,  shall  employ  a  State  Highway  Engineer, 
who  shall  be  a  competent  civil  engineer,  qualified  by  technical 
training  as  well  as  practical  construction  experience  in  highway 
work.  The  engineer  shall  hold  office  during  the  pleasure  of  the 
commission,  but  not  to  exceed  a  period  of  four  years  without  reap¬ 
pointment.  He  shall  receive  an  annual  salary  to  be  fixed  by  the 
State  Highway  Commission,  approved  by  the  Governor,  payable 
in  monthly  installments,  together  with  such  actual  and  other 
necessary  expenses  as  may  be  incurred  in  the  official  discharge 
of  his  duties.  Said  commission  shall  prescribe  and  fix  the  duties 
of  the  engineer,  and  shall  provide  the  engineer  with  offices  and 
sufficient  equipment  to  discharge  his  duties  as  prescribed  by  the 
State  Highway  Commission  and  this  act.  The  commission  shall 
employ  such  other  engineers,  clerks,  and  assistants  as  may  be 
needed,  and  at  such  salaries  and  for  such  terms  as  appear  neces¬ 
sary,  and  prescribe  and  fix  their  duties.  In  the  discretion  of  the 
commission,  such  offices  may  be  established  in  the  construction 
districts  as  may  be  necessary  to  carry  out  the  provisions  of 
this  act. 


State  Highway 

Engineer. 

Qualifications. 


Term  of  office. 


Salary. 


Commission  to 
prescribe  duties. 

Offices  and 
equipment. 


Engineers,  clerks, 
and  assistants. 


Offices  in  con¬ 
struction  districts. 


Oath  and  Bonds  of  Commissioners  and  Engineers 

Sec.  6.  The  members  of  the  State  Highway  Commission  and  Members  of 

_  ,  .  .  „  ,  .  commission  and 

State  Highway  Engineer  shall  each,  before  entering  upon  the  dlS-  engineer  to 

charge  of  his  duties,  take  an  oath  that  he  will  faithfully  and  hon-  Qualify- 

estly  execute  the  duties  of  the  office  during  his  continuance  in 

office,  and  each  give  a  bond,  to  be  fixed  and  approved  by  the  Gov-  Official  bond. 

ernor,  conditioned  upon  the  faithful  discharge  of  the  duties  of 

his  office  and  the  full  and  proper  accounting  for  all  public  funds 

and  property  coming  into  his  possession  or  under  his  control.  The 

premium  on  said  bond  or  bonds  shall  be  paid  out  of  the  State  Premium  on 

bonds. 

Highway  Fund. 


Five  Thousand  Five  Hundred  Miles  (Approximate)  Taken 
Over  for  the  State  Highway  System — Method 

[/) 

Sec.  7.  Fifty-five  hundred  (5500)  miles  shall  be  the  approxi-  Maximum 
^mate  maximum  limit  of  mileage  of  the  State  highway  system. 

£ 


c 


State  Road  Law 


Roads  mapped. 


Maps  posted  in 
counties. 

Local  road  officials 
notified  of  route. 


Roads  or  streets 
part  of  system  in 
default  of 
objection. 


Hearing  on  objec 
tions. 


Notice  of  hearing. 


Decision  of  com 
mission  final. 
Map  attached. 


Changes  by  com¬ 
mission. 

Proviso : 
Limitation  on 
powers  of  change. 


Rights  of  way. 

Proviso : 

Toll  roads. 


Commission  to  be¬ 
gin  assumption  of 
control. 


Completion  of 
assumption  of 
control. 


Standard  designs 
for  marking  roads 
constituting 
system. 


The  designation  of  all  roads  comprising  the  State  highway  system 
as  proposed  by  the  State  Highway  Commission  shall  be  mapped, 
and  there  shall  be  publicly  posted  at  the  courthouse  door  in  every 
county  in  the  State  a  map  of  all  the  roads  in  such  county  in  the 
State  system,  and  the  board  of  county  commissioners  or  county 
road-governing  body  of  each  county,  or  street-governing  body  of 
each  city  or  town  in  the  State  shall  be  notified  of  the  routes  that 
are  to  be  selected  and  made  a  part  of  the  State  system  of  high¬ 
ways;  and  if  no  objection  or  protest  is  made  by  the  board  of 
county  commissioners  or  the  county  road-governing  body  of  any 
county,  or  street-governing  body  of  any  city  or  town  in  the  State 
within  sixty  days  after  the  notification  before  mentioned,  then 
and  in  that  case  the  said  roads  or  streets,  to  which  no  objections 
are  made,  shall  be  and  constitute  links  or  parts  of  the  State  high¬ 
way  system.  If  any  objections  are  made  by  the  board  of  county 
commissioners  or  county  road-governing  body  of  any  county  or 
street-governing  body  of  any  city  or  town,  the  whole  matter  shall 
be  heard  and  determined  by  the  State  Highway  Commission  in 
session,  under  such  rules  and  regulations  as  may  be  laid  down  by 
the  State  Highway  Commission,  notice  of  the  time  and  place  of 
hearing  to  be  given  by  the  State  Highway  Commission  at  the 
courthouse  door  in  the  county,  and  in  some  newspaper  published 
in  the  county,  at  least  ten  days  prior  to  the  hearing,  and  the 
decision  of  the  State  Highway  Commission  shall  be  final.  A  map 
showing  the  proposed  roads  to  constitute  the  State  highway  sys¬ 
tem  is  hereto  attached  to  this  bill  and  made  a  part  hereof.  The 
roads  so  shown  can  be  changed,  altered,  added  to  or  discontinued 
by  the  State  Highway  Commission:  Provided,  no  roads  shall  be 
changed,  altered  or  discontinued  so  as  to  disconnect  county-seats, 
principal  towns.  State  or  National  parks  or  forest  reserves, 
principal  State  institutions,  and  highway  systems  of  other  states. 
The  rights  of  way  to  all  roads  taken  over  under  this  act  shall 
be  not  less  than  thirty  (30)  feet:  Provided,  that  no  toll  road 
shall  be  taken  over  under  this  section  unless  by  agreement  or 
condemnation  as  herein  provided. 

Commission  Assuming  Control 

Sec.  8.  Within  sixty  days  after  the  ratification  of  this  act,  the 
State  Highway  Commission  shall  commence  to  assume  control  of 
the  various  links  of  road  constituting  the  State  highway  system, 
and  shall  complete  the  assumption  of  control  of  all  the  roads 
which  constitute  the  State  highway  system  as  rapidly  as  practi¬ 
cable. 

Sec.  9.  (a)  After  the  selection  of  a  part  or  parts  of  the  State 

highway  system,  the  commission  may  cause  roads,  comprising 
such  system,  including  connecting  streets  in  incorporated  towns 
and  cities,  to  be  distinctly  marked  with  some  standard  design 


State  Road  Law 


7 


placed  on  convenient  objects  along  such  routes.  Such  design  shall 

be  uniform  on  all  parts  of  the  State  highway  system,  except  that  Uniformity  of 

the  numbers  thereon  shall  correspond  with  the  numbers  given  the  debl"n- 

various  routes  by  the  commission,  which  numbers  shall  coincide 

with  the  numbers  placed  on  the  official  map  or  maps  issued  by  the 

commission.  No  similar  design  shall  be  used  for  marking  other  Use  of  design  on 
.  .  ,,  ^  i .  other  routes  for- 

routes  in  North  Carolina.  bidden. 


Guide  and  Warning  Signs 

(b)  After  selection  of  State  highways  before  mentioned,  the 
commission  may  cause  to  be  erected  such  standard  guide  or  warn-  Guide  and  warn¬ 
ing  signs  as  it  may  deem  necessary  along  the  State  highway  sys-  mg  slgns' 
tem.  Such  signs  shall  be  of  uniform  design  throughout  the  State, 

and  it  shall  be  unlawful  for  any  person  to  erect  or  display  any 
other  guide  or  warning  signs  upon  said  highway  except  in  case 
of  emergency,  or  with  the  approval  of  the  commission,  and,  if 
erected  without  such  approval  they  may  be  removed  by  the  com¬ 
mission,  and  any  violator  of  this  section  shall  be  subject  to  all 
penalties  hereinafter  provided. 

Directing  Signs 

(c)  After  taking  over  section  or  sections  of  the  State  highway 
system,  the  commission  may  erect  proper  and  uniform  signs  Guide  posts, 
directing  persons  to  roads  and  places  of  importance. 

(d)  Said  commission  shall  have  the  power  to  control  all  signs  Signs  on  right  of 

way 

within  the  right  of  way  of  State  highways. 


Powers  of  State  Highway  Commission 


Sec.  10.  The  said  State  Highway  Commission  shall  be  vested 
with  the  following  powers: 

(a)  The  general  supervision  over  all  matters  relating  to  the 
construction  of  the  State  highways,  letting  of  contracts  therefor, 
and  the  selection  of  materials  to  be  used  in  the  construction  of 
State  highways  under  the  authority  of  this  act. 

(&)  To  take  over  and  assume  exclusive  control  for  the  benefit 
of  the  State  of  any  existing  county  or  township  roads,  and  to 
locate  and  acquire  rights  of  way  for  any  new  roads  that  may 
be  necessary  for  a  State  highway  system,  with  full  power  to 
widen,  relocate,  change  or  alter  the  grade  or  location  thereof; 
to  change  or  relocate  any  existing  roads  that  the  State  Highway 
Commission  may  now  own  or  may  acquire;  to  acquire  by  gift, 
purchase,  or  otherwise,  any  road  or  highway,  or  tract  of  land 
or  other  property  whatsoever  that  may  be  necessary  for  a 
State  highway  system;  Provided,  that  nothing  in  this  act  shall 
be  construed  to  authorize  or  permit  the  Highway  Commission 
to  allow  or  pay  anything  to  any  county,  township,  city  or  town, 


Powers  vested  in 
commission. 

Supervision  of 
matters  of  con¬ 
struction,  letting 
of  contracts,  and 
selecting  mate¬ 
rials. 

To  take  over 
county  or  town¬ 
ship  roads. 

Location  and 
rights  of  way. 

Alterations. 

Acquirement  of 
roads  necessary  to 
State  system. 


Proviso : 

No  allowance  or 
pay  for  existing 
bonds  but  by 
prior  contract. 


s 


State  Road  Law 


Procurement  of 
material. 


Enforcement  of 
rights. 


To  make  regula¬ 
tions  for  protec¬ 
tion  of  roads. 


Violation  thereof 
a  misdemeanor. 


Traffic  census. 


Action  based  on 
census. 


Responsibility  for 
maintenance. 


Proviso : 
Contracts  with 
counties. 


Maintenance  of 
streets. 


Names  for  high¬ 
ways. 


Cooperation  with 
local  authorities, 
organizations,  and 
individuals  for 
adornment  and 
protection  of 
highways. 


or  to  any  board  of  commissioners  or  governing  body  thereof, 
for  any  existing  road  or  part  of  any  road  heretofore  constructed 
by  any  such  county,  township,  city  or  town,  unless  contract  has 
already  been  entered  into  with  the  State  Highway  Commission. 

(c)  To  provide  for  such  road  materials  as  may  be  necessary 
to  carry  on  the  work  of  the  State  Highway  Commission,  either  by 
gift,  purchase,  or  condemnation. 

( d )  To  enforce  by  mandamus  or  other  proper  legal  remedies 
all  legal  rights  or  causes  of  action  of  the  State  Highway  Commis¬ 
sion  with  other  public  bodies,  corporations,  or  persons. 

(e)  To  make  rules,  regulations  and  ordinances  for  the  use 
of,  and  the  police  traffic  on,  the  State  highways,  and  to  prevent 
their  abuse  by  individuals,  corporations  and  public  corporations, 
by  trucks,  tractors,  trailers  or  other  heavy  or  destructive 
vehicles  or  machinery,  or  by  any  other  means  whatsoever,  and  to 
provide  ample  means  for  the  enforcement  of  same,  and  the 
violations  of  any  of  the  rules,  regulations  or  ordinances  so 
prescribed  by  the  State  Highway  Commission  shall  constitute 
a  misdemeanor:  Provided,  no  rules,  regulations  or  ordinances 
shall  be  made  that  will  conflict  with  any  statute  now  in  force  or 
any  ordinance  of  incorporated  cities  or  towns. 

(ft)  To  establish  a  traffic  census  to  secure  information  about 
the  relative  use,  cost,  value,  importance,  and  necessity  of  roads 
forming  a  part  of  the  State  highway  system,  which  information 
shall  be  a  part  of  the  public  records  of  the  State,  and  upon  which 
information  the  State  Highway  Commission  shall,  after  due  delib¬ 
eration  and  in  acocrdance  with  these  established  facts,  proceed 
to  order  the  construction  of  the  particular  highway  or  highways. 

( g )  To  assume  full  and  exclusive  responsibility  for  the  main¬ 
tenance  of  all  roads  other  than  streets  in  towns  and  cities,  form¬ 
ing  a  part  of  the  State  highway  system  from  date  of  acquiring 
said  roads:  Provided,  the  commission  may  enter  into  contracts 
with  counties  as  to  the  maintenance  of  highways  which  shall  form 
a  part  of  the  State  highway  system.  The  State  Highway  Commis¬ 
sion  shall  have  authority  to  maintain  all  streets  constructed  by 
the  State  Highway  Commission  in  towns  of  less  than  three  thou¬ 
sand  population  by  the  last  census,  and  such  other  streets  as  may 
be  constructed  in  towns  and  cities  at  the  expense  of  the  State 
Highway  Commission,  whenever  in  the  opinion  of  the  State  High¬ 
way  Commission  it  is  necessary  and  proper  so  to  do. 

( h )  To  give  suitable  names  to  State  highways  and  change  the 
names  of  any  highways  that  shall  become  a  part  of  the  State 
system  of  highways. 

(t)  To  cooperate  with  municipal  or  county  authorities,  civic 
bodies  and  individuals  in  the  proper  selection,  planting  and  pro¬ 
tection  of  roadside  trees,  shrubs  and  vines  for  the  beautification 
and  protection  of  said  highways. 


State  Road  Law 


9 


O')  To  make  proper  and  reasonable  rules,  regulations  and 
ordinances  for  the  placing  or  erection  of  telephone,  telegraph 
or  other  poles,  sign  boards,  fences,  gas,  water,  sewerage,  oil,  or 
other  pipe  lines,  and  other  similar  obstructions  that  may  in  the 
opinion  of  the  said  Highway  Commission  contribute  to  the 
hazard  upon  any  of  the  said  highways  or  in  any  wise  interfere 
with  the  same,  and  to  make  reasonable  rules  and  regulations  for 
the  proper  control  thereof.  And  whenever  the  order  of  the  said  Removal  of  teie- 
Highway  Commission  shall  require  the  removal  of  or  changes  aJd other68’ Slgns’ 
in,  the  location  of  telephone,  telegraph,  or  other  poles,  sign  obstructions. 
boards,  fences,  gas,  water,  sewerage,  oil,  or  other  pipe  lines, 
or  other  similar  obstructions,  the  owners  thereof  shall  at  their 
own  expense  move  or  change  the  same  to  conform  to  the  order 
of  the  said  Highway  Commission.  Any  violation  of  such  rules  Non-compliance 
and  regulations  or  non-compliance  with  such  orders,  shall  consti-  a  misdemeanor- 
tute  a  misdemeanor. 

(k)  To  regulate,  abandon  and  close  to  use,  grade  crossings  Abandonment  of 
on  any  road  designated  as  part  of  the  State  highway  system,  crossings, 
and  whenever  a  public  highway  has  been  designated  as  part 
of  the  State  highway  system  and  the  State  Highway  Commission, 
in  order  to  avoid  a  grade  crossing  or  crossings  with  a  railroad 
or  railroads  continues  or  constructs  the  said  road  on  one  side 
of  the  railroad  or  railroads,  the  Commission  shall  have  power 
to  abandon  and  close  to  use  such  grade  crossings;  and  when¬ 
ever  an  underpass  or  overhead  bridge  is  substituted  for  a  grade 
crossing,  the  commission  shall  have  power  to  close  to  use  and 
abandon  such  grade  crossing  and  any  other  crossings  adjacent 
thereto. 

Federal  Aid 


(Z)  That  the  said  State  Highway  Commission  shall  have  such 
powers  as  are  necessary  to  comply  fully  with  the  provisions  of  the 
present  or  future  Federal  Aid  Acts.  The  said  commission  is 
hereby  authorized  to  enter  into  all  contracts  and  agreements  with 
the  United  States  Government  relating  to  the  survey,  construc¬ 
tion,  improvement  and  maintenance  of  roads  under  the  provisions 
of  the  present  or  future  Congressional  enactments,  to  submit  such 
scheme  or  program  of  construction  or  improvement  and  mainte¬ 
nance  as  may  be  required  by  the  Secretary  of  Agriculture  or  other¬ 
wise  provided  by  Federal  Acts,  and  to  do  all  other  things  neces¬ 
sary  to  carry  out  fully  the  cooperation  contemplated  and  provided 
for  by  present  or  future  acts  of  Congress,  for  the  construction 
or  improvement  and  maintenance  of  rural  post  roads.  The  good 
faith  and  credit  of  the  State  are  further  hereby  pledged  to  make 
available  funds  necessary  to  meet  the  requirements  of  the  acts 
of  Congress,  present  or  future,  appropriating  money  to  construct 
and  improve  rural  post  roads  and  apportioned  to  this  State  during 
each  of  the  years  for  which  Federal  funds  are  now  or  may  here- 


Compliance  with 
Federal  acts. 

Contracts  with 
Federal  Govern¬ 
ment. 


Plans  to  be  sub¬ 
mitted. 


Pledge  of  avail¬ 
able  funds  to 
meet  Federal 
requirements. 


10 


State  Road  Law 


Pledge  to  main¬ 
tain  roads  built 
with  Federal  aid. 


Detours  pending 
construction. 


Explicit  directions 
during  repairs. 


Expenses  of 
detours. 


Closing  roads 
during  construc¬ 
tion. 


Barriers. 


Notice  of  closure. 
Warning  signs. 


Acts  declared 
misdemeanor. 


after  be  apportioned  by  the  said  act  or  acts,  to  maintain  the  roads 
constructed  or  improved  with  the  aid  of  funds  so  appropriated 
and  to  make  adequate  provisions  for  carrying  out  such  construc¬ 
tion  and  maintenance.  The  good  faith  and  credit  of  the  State  are 
further  pledged  to  maintain  such  roads  now  built  with  Federal 
aid  and  hereafter  to  be  built  and  to  make  adequate  provisions  for 
carrying  out  such  maintenance. 

Sec.  11.  It  shall  be  mandatory  upon  the  State  Highway  Com¬ 
mission,  its  officers  and  employees,  or  any  contractor  or  subcon¬ 
tractor  employed  by  the  said  commission,  to  select,  lay  out,  main¬ 
tain  and  keep  in  as  good  repair  as  possible  suitable  detours  by 
the  most  practical  route  while  said  highways  or  roads  are  being 
improved  or  constructed,  and  it  shall  be  mandatory  upon  the  said 
Highway  Commission,  and  its  employees  or  contractors,  to  place 
or  cause  to  be  placed  explicit  directions  to  the  traveling  public 
during  repair  of  said  highway  or  road  under  the  process  of  con¬ 
struction.  All  expense  of  laying  out  and  maintaining  said  detours 
shall  be  paid  out  of  State  Highway  Fund. 

Closing  of  State  Highways  During  Construction,  Injury  to 

Barriers,  Warning  Signs,  Etc. 

Sec.  12.  If  it  shall  appear  necessary  to  the  State  Highway  Com¬ 
mission,  its  officers,  or  appropriate  employees,  to  close  any  road 
or  highway  coming  under  its  jurisdiction  so  as  to  permit  of  proper 
completion  of  work  which  is  being  performed,  such  commission, 
its  officers  or  employees,  may  close,  or  cause  to  be  closed,  the 
whole  or  any  portion  of  such  road  or  highway  deemed  necessary 
to  be  excluded  from  public  travel.  While  any  such  road  or  high¬ 
way,  or  portion  thereof,  if  so  closed,  or  while  any  such  road  or 
highway,  or  portion  thereof,  is  in  process  of  construction  or  main¬ 
tenance,  such  commission,  its  officers  or  appropriate  employees,  or 
its  contractor,  under  authority  from  such  commission,  may  erect, 
or  cause  to  be  erected,  suitable  barriers  or  obstructions  thereon, 
may  post,  or  cause  to  be  posted,  conspicuous  notices  to  the  effect 
that  the  road  or  highway,  or  portion  thereof,  is  closed,  warning 
signs,  lights  and  lanterns  on  such  road  or  highway,  or  portions 
thereof.  V/hen  such  road  or  highway  is  closed  to  the  public  or 
in  process  of  construction  or  maintenance,  as  provided  herein, 
any  person  who  willfully  breaks  down,  drives  into  new  construc¬ 
tion  work,  removes,  injures  or  destroys  any  such  barrier  or 
barriers  or  obstructions  on  road  being  constructed,  or  tears 
down,  removes  or  destroys  any  such  notices,  drives  into  new  con¬ 
struction  work,  or  extinguishes,  removes,  injures  or  destroys  any 
such  warning  lights  or  lanterns  so  erected,  posted  or  placed, 
shall  be  guilty  of  a  misdemeanor. 


State  Road  Law 


11 


Regulating  Openings,  Structures,  Pipes,  Trees,  Etc.,  on  the 
State  Highways,  and  the  Issuance  of  Permits 

Sec.  13.  No  opening  or  other  interference  whatsoever  shall 
be  made  in  any  State  road  or  highway  other  than  streets  in  cities 
and  towns,  nor  shall  any  structure  be  placed  thereon,  nor  shall 
any  structure  which  has  been  placed  thereon  he  changed  or 
removed  except  in  accordance  with  a  written  permit  from  the 
State  Highway  Commission  or  its  duly  authorized  officers,  who 
shall  exercise  complete  and  permanent  control  over  such  roads 
and  highways.  No  State  road  or  State  highway,  other  than 
streets  in  cities  and  towns,  shall  be  dug  up  for  laying  or  placing 
pipes,  conduits,  sewers,  wires,  railways,  or  other  objects,  and 
no  tree  or  shrub  in  or  on  any  State  road  or  State  highway 
shall  be  planted,  trimmed,  or  removed,  and  no  obstruction  placed 
thereon,  without  a  written  permit  as  hereinbefore  provided  for, 
and  then  only  in  accordance  with  the  regulations  of  said  Highway 
Commsision  or  its  duly  authorized  officers  or  employees;  and  the 
work  shall  be  under  the  supervision  and  to  the  satisfaction  of 
the  State  Highway  Commission  or  its  officers  or  employees,  and 
the  entire  expense  of  replacing  the  highway  in  as  good  condition 
as  before  shall  be  paid  by  the  persons,  firms,  or  corporations 
to  whom  the  permit  is  given,  or  by  whom  the  work  is  done; 
the  State  Highway  Commission,  or  its  duly  authorized  officers, 
may,  in  its  discretion,  before  granting  a  permit  under  the 
provisions  of  this  act,  require  the  applicant  to  file  a  satisfactory 
bond,  payable  to  the  State  of  North  Carolina,  in  such  an  amount 
as  may  be  deemed  sufficient  by  the  State  Highway  Commission, 
or  its  duly  authorized  officers,  conditioned  upon  the  proper  com¬ 
pliance  with  the  requirements  of  this  act  by  the  person,  firm,  or 
corporation  granted  such  permit.  Any  person  making  any  open¬ 
ing  in  a  State  road  or  State  highway,  or  placing  any  structure 
thereon,  or  changing  or  removing  any  structure  thereon  without 
obtaining  a  written  permit  as  herein  provided,  or  not  in  com¬ 
pliance  with  the  terms  of  such  permit,  or  otherwise  violating  the 
provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor:  Pro¬ 
vided,  this  section  shall  not  apply  to  railroad  crossings.  The  rail¬ 
roads  shall  keep  up  said  crossings  as  now  provided  by  law. 


Openings  in  roads 
or  highways. 

Structures. 


Excavations. 


Grass,  shrubs  or 
obstructions. 


Supervision  of 
work. 

Expense  of 
replacement. 


Applicant  to  give 
bond  if  required. 


Acts  declared 
misdemeanors. 


Proviso : 
Railroad  cross¬ 
ings. 


To  Encourage  County  Road  Building 

Sec.  14.  To  encourage  counties  to  build  hard-surfaced  or  other  Contracts  with 

t  counties  xor  reim* 

dependable  roads  constituting  a  part  of  the  State  highway  system  bursement. 
before  same  can  be  constructed  by  the  State  Highway  Commis¬ 
sion,  the  said  commission  is  hereby  authorized  and  empowered  to 
enter  into  contracts  and  agreements  with  said  county  or  counties 


12 


State  Road  Law 


Proviso : 

Building  under 
direction  of  State 
Commission. 

Contracts  let  to 
bidders  after 
advertisement. 


Right  to  reject 
bids. 

Claims  against 
contractor  for 
material  to  be 
presented  within 
six  months. 


Towns  may 
widen  streets. 


Towns  to  save 
commission  harm¬ 
less  from  claims. 


May  cause  pipe 
lines  to  be  laid. 


Assessment  dis¬ 
tricts  declared. 


for  fair  reimbursement  for  said  expense:  Provided,  said  road  or 
bridge  is  built  in  accordance  with  the  specifications  and  under  the 
direction  of  the  State  Highway  Commission. 

Sec.  15.  That  all  contracts  over  one  thousand  dollars  that  the 
commission  may  let  for  construction,  or  any  other  kinds  of  work 
necessary  to  carry  out  the  provisions  of  this  act,  shall  be  let,  after 
public  advertising,  under  rules  and  regulations  to  be  made  and 
published  by  the  State  Highway  Commission,  to  a  responsible 
bidder,  the  right  to  reject  any  and  all  bids  being  reserved  to  the 
State  Highway  Commission. 

Whenever  any  contractor  engaged  in  working  upon  the  State 
highway,  and  under  contract  with  the  State  Highway  Commission, 
shall  incur  liability  for  labor,  material  or  other  cause,  and  for 
which  such  contractor,  or  his  bondsmen,  may  be  liable,  all  such 
claims  shall  be  presented  in  writing  to  said  commission  within 
six  months  after  the  completion  of  said  work,  and  failure  to  file 
such  claim  within  said  time  shall  be  a  complete  bar  against 
recovery  from  said  commission  or  any  bondsmen:  Provided,  that 
this  section  shall  not  be  in  force  and  effect  until  six  months 
from  the  ratification  of  this  act. 

Sec.  16.  That  when  any  portion  of  the  State  highway  system 
shall  run  through  any  city  or  town  and  it  shall  be  found  neces¬ 
sary  to  connect  the  State  highway  system  with  improved  streets 
of  such  city  or  town  as  may  be  designated  as  part  of  such  sys¬ 
tem,  the  State  Highway  Commission  shall  build  such  connect¬ 
ing  links,  the  same  to  be  uniform  in  dimensions  and  materials 
with  such  State  highways:  Provided,  however,  that  whenever  any 
city  or  town  may  desire  to  widen  its  streets,  which  may  be 
traversed  by  the  State  highway,  the  State  Highway  Commission 
may  make  such  arrangements  with  said  city  or  town  in  con¬ 
nection  with  the  construction  of  said  road,  as,  in  its  discretion, 
may  seem  wise  and  just  under  all  the  facts  and  circumstances 
in  connection  therewith:  Provided,  further,  that  such  city  or 
town  shall  save  the  State  Highway  Commission  harmless  from 
any  claims  for  damage  arising  from  the  construction  of  said 
road  through  such  city  or  town  and  including  claims  for  rights 
of  way,  change  of  grade  line,  and  interference  with  public 
service  structures.  And  the  State  Highway  Commission  may 
require  such  city  or  town  to  cause  to  be  laid  all  water,  sewer, 
gas  or  other  pipe  lines  or  conduits,  together  with  all  necessary 
house  or  lot  connections  or  sewers,  to  the  curb  line  of  such  road 
or  street  to  be  constructed:  Provided,  further,  that  whenever  by 
agreement  with  the  road-governing  body  of  any  city  or  town  any 
street  designated  as  a  part  of  the  State  highway  system  shall  be 
surfaced  by  order  of  the  State  Highway  Commission  at  the  ex¬ 
pense,  in  whole  or  in  part,  of  a  city  or  town,  it  shall  be  lawful 
for  the  governing  body  of  such  city  or  town  to  declare  an  assess- 


State  Road  Law 


1  O 
1 0 


ment  district  as  to  the  street  to  be  improved,  without  petition  by 
the  owners  of  property  abutting  thereon,  and  the  costs  thereof, 
exclusive  of  so  much  of  the  cost  as  incurred  at  street  inter¬ 
sections  and  the  share  of  railroads  or  street  railways  whose 
tracks  are  laid  in  said  street,  which  shall  be  assessed,  under 
their  franchises,  shall  be  specially  assessed  upon  the  lots  or  Special 
parcels  of  land  abutting  directly  on  the  improvements,  accord- assessments- 
ing  to  the  extent  of  their  respective  frontage  thereon  by  an 
equal  rate  per  foot  of  such  frontage. 

Working  of  State  Convicts 

Sec.  17.  That  all  able-bodied  male  convicts  sentenced  to  the  state  convicts  may 

State  Prison  may  be  assigned  to  work  upon  the  State  highway  work!lgned  1 

system  under  the  direction  of  the  State  Highway  Commission. 

That  the  cost  or  hire  of  the  able-bodied  male  convicts  to  the  State  Agreement  for 

hire 

Highway  Commission  shall  be  agreed  upon  between  the  State 
Highway  Commission  and  the  Governor  and  chairman  of  the 
Prison  Board,  on  the  Oasis  of  paying  the  actual  expenses  in  work-  Basis  of  agree¬ 
ing  said  convicts,  including  food,  clothing,  housing,  guarding, 
transportation  and  incidental  expenses  by  the  State  Highway 
Commission  to  the  State  Prison  Board. 


Working  of  County  Convicts 

Sec.  18.  That  the  State  Highway  Commission  may  make  con- Contracts  with 

counties  for  hire 

tracts  and  agreements  with  the  board  of  county  commissioners  of  convicts, 
or  road-governing  bodies  of  any  county  in  the  State  for  the 
purpose  of  hiring  any  county  convicts  to  be  worked  on  the 
State  highway  system  or  in  the  production  of  materials  for  use 
in  constructing  State  highways,  and  for  constructing  State 
highways. 

Grade  Crossings  Eliminated 

Sec.  19.  Whenever  any  railroad  and  a  State  highway  or  street  Elimination  of 

,  .  ,  ,  ,  grade  crossings  by 

which  is  a  link  in  or  a  part  of  the  State  highway  system  shall  substitution  of 
cross  each  other  at  the  same  level,  and,  if,  after  due  notice  to  01  undcl 
the  railroad  and  a  hearing,  in  the  judgment  of  the  State  High¬ 
way  Commission,  such  crossing  is  dangerous  to  public  safety, 
or  the  public  travel  on  such  highway  is  unreasonably  impeded 
thereby,  the  State  Highway  Commission  may  order  the  person 
or  company  operating  such  railroad  within  such  time  as  the 
State  Highway  Commission  may  fix,  to  alter  such  crossing 
according  to  the  plans  to  be  approved  by  said  commission, 
by  substituting  therefor  a  crossing,  not  at  the  grade  of  such 
public  highway,  either  by  carrying  such  public  highway  under 
or  over  the  tracts  of  such  railroad.  If,  however,  in  the  judgment  instaUation  of 
of  the  State  Highway  Commission,  the  safety  of  travellers  may 
be  secured  by  the  erection  of  gates,  alarm  signals,  or  other 


14 


State  Road  Law 


Participation  in 
construction  cost 
by  railroad. 


Notice  to 
railroads. 


Highway  Commis¬ 
sion  may 
construct. 


Accounting  to 
railroad. 


approved  safety  devices,  then  said  commission  may  require  the 
railroad  or  railroads  to  construct  and  maintain  such  safety 
devices  in  lieu  of  the  overpass  or  the  underpass. 

The  work  shall  be  done  and  material  furnished  either  by  the 
railroad  or  the  State  Highway  Commission,  as  may  be  agreed 
upon,  and,  in  case  of  an  underpass,  the  railroad  shall  be  re¬ 
sponsible  for  one-half  of  the  expense  of  all  excavations  through 
the  existing  railroad  fill  as  well  as  one-half  of  the  complete 
cost  of  the  structure,  including  both  the  foundation  and  super¬ 
structure;  and,  in  case  of  an  overpass,  the  railroad  shall  be 
responsible  for  one-half  of  the  entire  cost  of  the  bridge  which 
will  stand  the  opening  over  the  tracks  of  the  railroad  from 
abutment  to  abutment,  and  including  such  abutments,  and  if 
the  grade  crossing  is  not  eliminated  by  an  underpass  or  over¬ 
pass,  the  railroad  company  shall  be  responsible  for  one-half  of 
the  cost  of  installing  gates,  alarm  signals  or  other  approved 
safety  devices.  If  the  work  is  done  and  material  furnished  by  the 
railroad,  an  itemized  statement  of  the  total  amount  expended 
therefor  shall,  at  the  completion  of  the  work,  be  furnished  the 
State  Highway  Commission,  and  the  commission  shall  pay  such 
amount  to  the  railroad  as  may  be  shown  on  said  statement 
after  deducting  the  amount  for  which  the  railroad  is  responsible; 
and  if  the  work  is  done  by  the  State  Highway  Commission,  an 
itemized  statement  of  the  total  amount  expended  shall  be 
furnished  to  the  railroad  and  the  railroad  shall  pay  to  the 
State  Highway  Commission  such  part  thereof  as  the  railroad 
may  be  responsible  for  as  herein  provided,  such  payment  by 
the  railroad  shall  be  under  such  rules  and  regulations  and  by 
such  method  as  the  State  Highway  Commission  may  provide. 

Whenever,  in  the  judgment  of  the  State  Highway  Commission, 
a  grade  crossing  shall  be  abolished  by  the  construction  either 
of  an  underpass  or  an  overpass,  or  the  erection  of  safety  devices, 
if  the  work  is  to  be  done  by  the  railroad,  or  railroads,  as  herein 
provided,  the  said  commission  shall  give  the  railroad,  or  rail¬ 
roads,  notice  of  its  determination  in  this  regard,  and  direct  it 
or  them  to  commence  work  upon  such  underpass  or  overpass, 
or  device,  within  a  period  to  be  fixed  in  such  notice,  and  if  such 
work  is  not  commenced  in  the  period  specified  in  the  notice,  the 
State  Highway  Commission  is  authorized  and  empowered  to 
carry  such  highway  under  or  over  the  tracks  of  said  railroad 
or  to  provide  gates,  alarm  signals  or  other  approved  safety 
devices,  rendering  to  the  railroad,  or  railroads,  an  itemized 
account  of  the  cost  thereof,  and  at  the  completion  of  the  work 
shall  have  a  valid  cause  of  action  against  such  railroad,  or 
railroads,  for  the  proportionate  part  thereof  due  by  the  railroad 
as  above  provided:  Provided,  that  the  payment  by  such  railroad 
of  said  proportionate  part  may  be  made  under  such  rules  and 


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s 


State  Road  Law 


15 


regulations  and  by  such  method  as  the  State  Highway  Commis¬ 
sion  may  provide.  If  the  State  Highway  Commission  shall 
undertake  to  do  the  work,  it  shall  not  obstruct  or  impair  the 
operation  of  the  railroad  and  shall  keep  the  roadbed  and  tracks 
safe  for  the  operation  of  trains  at  every  stage  of  the  work. 

(a)  The  jurisdiction  over  and  control  of  grade  crossings  and  Jurisdiction 
safety  devices  upon  the  State  highway  system  herein  given  the exclusive- 
State  Highway  Commission  shall  be  exclusive. 

(&)  Prom  all  decisions  or  determinations  made  by  the  State  Appeal  from  deci- 
Highway  Commission,  any  party  affected  thereby  shall  be  entitled  commission, 
to  an  appeal,  and  the  procedure  for  such  an  appeal  shall  be  the 
same  as  provided  in  chapter  twenty-one,  Consolidated  Statutes, 
for  appeals  from  decisions  and  determinations  of  the  Corporation 
Commission. 


Maintenance,  Upkeep,  and  Control 


Sec.  20.  In  assuming  control  of  the  roads  constituting  the 
State  highway  system,  the  commission  shall  assume  as  soon  as 
practicable  the  maintenance  and  upkeep  of  said  roads,  and  shall 
as  soon  as  practicable  organize  a  proper  and  sufficient  patrol 
force  to  keep  said  roads  in  good  condition.  In  the  event  of  failure 
to  maintain  said  roads  in  good  condition,  upon  compaint  of  the 
board  of  county  commissioners,  or  road-governing  body  of  any 
county,  the  State  Highway  Commission  shall  at  once  investigate 
such  complaint,  and  if  the  same  be  well  founded,  then  it  shall  at 
once  order  the  repair  and  maintenance  of  the  road  complained  of, 
and  investigate  the  neglect  of  the  person  in  charge  of  the  road 
so  complained  of,  and,  if  upon  investigation  the  person  or  persons 
in  charge  of  the  road  complained  of  be  at  fault,  he  may  promptly 
be  discharged  from  the  service  of  the  commission. 


Maintenance  and 
upkeep. 

Patrol  force. 


Complaint  by 
county  authori¬ 
ties. 

Investigation  of 
complaint. 

Order  for  repair 
and  maintenance. 


Investigation  of 
neglect. 

Dismissal  of  delin¬ 
quent  employee. 


Employment  of  Counsel 

Sec.  21.  The  State  Highway  Commission  may  in  its  discretion  Employment  of 
employ  any  attorney  or  attorneys  to  advise  them  for  the  purpose 
of  condemning  land  acquired  by  this  act,  making  any  contracts, 
and  do  other  legal  work  that  the  commission  may  believe  neces¬ 
sary  for  carrying  out  this  act,  and  compensation  for  all  such  Compensation, 
services  shall  be  paid  out  of  the  State  Highway  Fund. 

Sec.  22.  The  State  Highway  Commission  is  vested  with  the 
power  to  acquire  such  rights  of  way  and  title  to  such  land,  gravel,  Acquirement  of 

,  ,  ,  ,  .  ,  lands  and  deposits 

gravel  beds,  or  bars,  sand  beds  or  bars,  rock,  stone,  boulders,  Gf  material. 
quarries,  or  quarry  beds,  lime,  or  other  earth  or  mineral  deposits 
or  formations,  and  such  standing  timber  as  it  may  deem  neces¬ 
sary  and  suitable  for  road  construction,  maintenance,  and  repair, 
and  the  necessary  approaches  and  ways  through,  and  a  sufficient 
amount  of  land  surrounding  and  adjacent  thereto,  as  it  may  de- 


16 


State  Road  Law 


Purchase,  dona¬ 
tion,  or  condemna¬ 
tion. 

Proviso : 

Deposits  of  mate¬ 
rial  in  actual  use. 


Land  additional 
to  rights  of  way. 


Power  to  con¬ 
demn  land,  mate 
rial,  and  timber. 


Procedure. 


General  and 
special  benefits 
considered  as 
offsets. 


Entry  prior  to 
condemnation  and 
payment. 


Deposit 

on  appeals  not 

required. 


Use  of  property 
pending  appeal. 


Reports  to 
General  Assembly. 
Details  of  report. 


termine  to  enable  it  to  properly  prosecute  the  work,  either  by  pur¬ 
chase,  donation,  or  condemnation,  in  the  manner  hereinafter  set 
out:  Provided,  that  the  right  of  condemnation  provided  for  in 
this  act  shall  not  apply  to  gravel  beds  or  bars,  sand  beds  or  bars, 
rock,  stone,  boulders,  quarries,  or  quarry  beds,  lime,  or  other 
earth,  or  mineral  deposits  or  formations,  in  actual  bona  fide 
operation  for  commercial  purposes  by  private  enterprise.  The 
State  Highway  Commission  is  also  vested  with  the  power  to 
acquire  such  additional  land  alongside  of  the  rights  of  way  or 
roads  as  in  its  opinion  may  be  necessary  and  proper  for  the 
protection  of  the  roads  and  roadways,  and  such  additional  area 
as  may  be  necessary  as  by  it  determined  for  approaches  to  and 
from  such  material  and  other  requisite  area  as  may  be  desired 
by  it  for  working  purposes. 

Whenever  the  State  Highway  Commission  and  the  owner  or 
owners  of  the  lands,  materials,  and  timber  required  by  the  State 
Highway  Commission  to  carry  on  the  work  as  herein  provided 
for,  are  unable  to  agree  as  to  the  price  thereof,  the  State  Highway 
Commission  is  hereby  vested  with  the  power  to  condemn  the 
lands,  materials,  and  timber,  and  in  so  doing  the  ways,  means, 
methods,  and  procedure  of  chapter  thirty-three  of  the  Consoli¬ 
dated  Statutes  of  North  Carolina,  entitled  “Eminent  Domain,” 
shall  be  used  by  it  as  near  as  the  same  is  suitable  for  the 
purposes  of  this  act.  And  in  all  instances  the  general  and 
special  benefits  shall  be  assessed  as  offsets  against  the  damages: 
Provided,  that  all  actions  for  damages  for  rights  of  way  or  other 
causes,  shall  be  commenced  within  six  months  from  the  com¬ 
pletion  of  each  particular  project. 

In  case  condemnation  shall  become  necessary  the  State  High¬ 
way  Commission  is  authorized  to  enter  the  lands  and  take  posses¬ 
sion  of  the  same,  and  also  take  possession  of  such  materials  and 
timber  as  is  required  by  it  prior  to  bringing  the  proceeding  for 
condemnation,  and  prior  to  the  payment  of  the  money  for  the 
said  property. 

In  the  event  the  owner  or  owners  shall  appeal  from  the  report 
of  the  commissioners,  it  shall  not  be  necessary  for  the  State  High¬ 
way  Commission  to  deposit  the  money  assessed  with  the  clerk, 
but  it  may  proceed  and  use  the  property  to  be  condemned  until 
the  final  determination  of  the  action. 

Reports  to  the  State 

Sec.  23.  The  Highway  Commission  shall,  on  or  before  the  tenth 
day  of  the  convening  of  each  regular  session  of  the  General 
Assembly  of  North  Carolina,  make  full  printed,  detailed  report 
to  the  General  Assembly,  showing  the  construction  and  mainte¬ 
nance  work  and  the  cost  of  the  same,  receipts  of  license  fees,  and 
disbursements  of  the  commission,  and  such  other  data  as  may  be 


State  Road  Law 


17 


of  interest  in  connection  with  the  work  of  the  Highway  Commis¬ 
sion.  A  full  account  of  each  road  project  shall  be  kept  by  and  Accounts  of  each 
under  the  direction  of  the  Highway  Commission  or  its  repre- project- 
sentatives,  to  ascertain  at  any  time  the  expenditures  and  the  lia¬ 
bilities  against  all  projects;  also  records  of  contracts  and  force 
account  work.  The  account  records,  together  with  all  supporting  inspection  of 
documents,  shall  be  open  at  all  times  to  the  inspection  of  the  andTcume^3’ 
Governor  or  road  authorities  of  any  county,  or  their  authorized  c°Pies  to  officials, 
representatives,  and  copies  thereof  shall  be  furnished  such 
officials  upon  request. 

Sec.  24.  That  the  books  and  accounts  of  the  Highway  Commis¬ 
sion  shall  be  audited  at  least  once  a  year  by  a  certified  public  Annual  audits, 
accountant  to  be  designated  by  the  Auditor  of  the  State,  and  ReP°rt  of  audit 
tepoit  of  certified  accountant  shall  be  made  a  part  of  the  accom- commission, 
panying  report  of  the  State  Highway  Commission  to  the  General 
Assembly  as  herein  provided. 


Construction  Districts 

Sec.  25.  That  with  the  special  view  of  an  equitable  distribution  Nine  construction 
of  the  construction  funds  throughout  all  portions  of  the  State,  the  dlstncts- 
State  shall  be  divided  into  nine  (9)  construction  districts,  the 
same  being  designated  and  indicated  on  the  map  hereto  attached 
to  this  act,  and  work  in  each  of  the  construction  districts  shall  be  Work  in  districts 
started  as  simultaneously  as  practicable  and  continued  so  in  each  bimUjLdne0Ub* 
district.  The  commission  may  change,  reform,  and  relocate  the  Change  of  dis- 
lines  of  said  construction  districts. 


Apportionment  of  Funds  to  Construction  Districts 
Sec.  26.  The  State  Highway  Commission  shall  apportion  among  Ratio  of  appor- 

.  ...  .  tionment  of  road 

the  various  construction  districts  as  nearly  as  possible  an  equal  construction  fund. 

amount  of  the  construction  fund  on  the  basis  of  one-third  in  the 

ratio  of  area  of  each  district  to  the  entire  area  of  the  State,  one- 

third  in  the  ratio  of  population  of  the  districts,  as  determined  by 

the  last  United  States  census,  to  the  entire  population  of  the 

State,  and  one-third  in  the  ratio  of  the  State  highway  mileage  of 

the  district  in  proportion  to  the  total  mileage  of  State  highways. 

Sec.  27.  That  for  the  purpose  of  carrying  out  the  provisions  Appropriation  for 

expenses  of  com- 

of  this  act  and  provide  for  the  maintenance  and  construction  of  mission. 

the  highways  contemplated  under  this  act  from  the  funds  derived 

from  the  various  taxes  levied  under  this  act,  there  shall  first  be 

set  aside  the  sum  of  two  hundred  and  fifty  thousand  dollars  ($250- 

000)  annually,  or  so  much  thereof  as  may  be  necessary  to  defray 

the  expenses  of  the  State  Highway  Commission.  From  the  Appropriation  for 

remainder  of  said  taxes  there  shall  then  be  set  aside  annually  the 

following,  in  order  named:  (a)  a  sum  sufficient  to  pay  the 

interest  upon  the  first  fifty  million  dollars  bonds  issued  under 


IS 


State  Road  Law 


Balance  for 
maintenance  of 
highways. 


Surplus  of  admin¬ 
istration  and 
interest  funds  to 
maintenance  and 
construction  fund. 


Fund  for  securing 
Federal  aid. 


Proviso : 
Expense  of  col¬ 
lecting  funds. 


Approval  of 
expenses. 

Limit  of  amount. 


Fees  for  registra¬ 
tion  and  license 
of  vehicles. 


Rates  for  auto 
mobiles. 


Automobiles  for 
hire. 

Computation  of 
horsepower. 

Vehicles  operated 
by  steam  or 
electricity. 


this  act,  (&)  a  sum  sufficient  to  pay  the  interest  upon  any  bonds 
issued  under  this  act  in  excess  of  fifty  million  dollars,  and 
(c)  any  interest  or  sinking  fund  payments  now  or  hereafter 
directed  to  he  made  therefrom  by  the  General  Assembly.  The 
remainder  of  such  fund  shall  be  used  by  the  Highway  Commis¬ 
sion  in  the  maintenance  of  the  highways  taken  over  under  the 
provision  of  this  act,  and  to  be  adopted  and  designated  by  the 
commission  as  State  highways  under  the  provisions  of  this  act; 
any  part  of  the  two  hundred  and  fifty  thousand  dollars  ($250,000) 
set  apart  for  the  expenses  of  the  commission,  and  any  part  of 
the  balance  unexpended  in  the  payment  of  interest  on  the  bonds, 
shall  pass  each  year  under  the  control  of  the  Highway  Commis¬ 
sion  and  be  used  by  it  in  the  maintenance  and  construction  of 
the  State  system  of  highways  herein  provided  for.  All  funds 
derived  from  the  taxes  herein  levied,  or  from  the  sale  of  the 
bonds  herein  provided  for,  may  be  used  by  the  commission  in 
meeting  the  requirements  of  the  United  States  Government  as  to 
Federal  aid:  Provided,  that  all  necessary  expenses  of  collecting 
the  said  license  or  registration  fees  or  other  State  highway  funds 
hereinafter  provided  for,  including  clerical  assistance,  the  cost  of 
furnishing  number  plates  and  mailing  same,  and  for  such  blanks, 
books,  and  other  supplies  as  cannot  be  furnished  by  the  State 
Printer,  shall  be  paid  for  monthly  by  the  Auditor  from  the 
revenue  derived  from  fees  or  taxes  that  are  collected,  said 
expenses  shall  be  approved  by  the  Governor  and  Council  of  State, 
and  shall  not  in  the  aggregate  exceed  ten  per  cent  of  the  total 
amount  collected  by  the  Secretary  of  State  under  this  act. 

Registration,  Licensing,  and  Permit  Fees 

Sec.  28.  That  the  fees  for  the  registration  and  licensing  of 
vehicles  as  herein  required  shall  be  according  to  the  following 
schedules: 


Rates  for  Automobiles 


24  h.  p.  or  less  . $12.50  per  year 

Over  24  h.  p.,  and  not  more  than  30  h.  p .  20.00  per  year 

More  than  30  h.  p.,  and  less  than  35  h.  p .  30.00  per  year 

35  h.  p.  or  more  .  40.00  per  year 


Motor  vehicles  used  for  the  transportation  of  passengers  for 
hire  shall  pay  fifty  per  cent  more  than  the  above  rates. 

Horsepower  shall  be  computed  according  to  the  N.  A.  C.  C. 
formula  of  rating  for  all  motor  vehicles  equipped  with  internal 
combustion  engines.  On  motor  vehicles  operated  by  steam  or 
electricity  the  horsepower  rating  shall  be  computed  according  to 
the  rating  by  the  manufacturer  of  such  vehicle. 


State  Road  Law 


19 


Rates  foe  Motor  Trucks  Rates  for  motor 

trucks. 

Trucks  with  carrying  capacity  less  than  1,000  pounds . $  12.50 

1,000  pounds  and  under  one  ton .  15.00 

One  ton  and  under  two  tons .  25.00 

Two  tons  and  under  three  tons  .  75.00 

Three  tons  and  under  four  tons .  200.00 

Four  tons  and  over .  300.00 

On  all  trailers,  $15  per  ton  carrying  capacity.  Trailers. 


Motorcycles  Motorcycles. 

$5  on  each  motorcycle,  and  $5  for  each  motorcycle  side-car. 


Dealers  in  Motor  Vehicles  Dealers  in  motor 

vehicles. 

Registration  fee  and  first  five  plates . $25.00 

Each  additional  plate .  1.00 


The  fiscal  year  for  the  collection  of  automobile  licenses  shall  Fiscal  year, 
terminate  June  thirtieth.  The  fee  for  licenses  issued  after  Janu-  Licenses  between 
ary  first  of  each  year,  and  before  June  thirtieth,  for  the  period  3oJjune!J  and 
ending  June  thirtieth,  shall  be  one-half  the  annual  fee.  Schedule  effective. 

The  foregoing  schedule  of  license  fees  on  motor  vehicles  shall 
become  effective  July  first,  one  thousand  nine  hundred  and 
twenty-one,  and  the  present  schedule  of  license  fees  shall  remain 
in  force  until  said  date.  The  fiscal  year  for  the  payment  of  said  Beginning  of 

fiscal  vG2,r 

license  fees  shall  begin  July  first  of  each  year. 


Fees  to  Cover  Licenses,  Etc. 


Sec.  29.  The  foregoing  fees  shall  be  paid  to  the  Secretary  of  Fees  paid  to  Secre- 

„  ,  tary  of  State. 

State  at  the  time  of  issuance  of  said  registration  certificates,  pei- 

mits,  or  licenses.  They  shall  include  all  costs  of  registration,  items  covered  by 

£06. 

issuance  of  permits,  licenses,  and  certificates,  and  the  furnishing 


of  registration  plates,  and  shall  be  in  lieu  of  all  other  State  or 
local  taxes  (except  ad  valorem),  registration,  or  license  fees, 
privilege  taxes,  or  other  charges:  Provided,  however,  a  county,  Proviso: 

.  .  .  ,.  £  Fee  of  county, 

city,  or  town  may  charge  a  license  or  registration  tee  on  motor  city>  or  town 
vehicles  in  the  sum  of  one  dollar  ($1)  per  annum:  Provided  Proviso: 

^^0  £003  for 

further,  that  no  county,  city,  or  town  shall  charge  or  collect  an  driver’s  license, 
additional  fee  for  the  privilege  of  operating  a  motor  vehicle, 


either  as  chauffeur’s  or  driver’s  license:  Provided,  nothing  herein 
shall  prevent  the  governing  authorities  of  any  city  from  legu- 
lating,  licensing,  controlling  of  chauffeurs  and  drivers  of  any 
such  car  or  vehicle,  and  charging  a  reasonable  fee:  Provided 
further,  that  any  city  or  town  may  charge  a  license  not  to 
exceed  fifty  dollars  ($50)  for  any  motor  vehicle  used  in  trans¬ 
porting  persons  or  property  for  hire  in  lieu  of  all  other  charges, 


Proviso : 

Cities  may  regu¬ 
late,  license  and 
control  chauffers 
and  drivers  and 
charge  fee. 

Proviso : 

City  or  town 
license  for  auto¬ 
mobiles  for  hire. 


fees,  and  licenses  now  charged. 


20 


State  Road  Law 


Operating  motor 
vehicles  without 
license  misde¬ 
meanor. 
Punishment. 
Maximum  weight. 


Violation  of  sec¬ 
tion  misdemeanor. 


State  Highway 
Fund. 


Vouchers. 


Definitions. 


Motor  vehicles. 


Motor  vehicle 
fuels. 


Dealer. 


Dealers  in  motor 
vehicle  fuels  to 
make  monthly 
reports  of  pur¬ 
chases  and  deliv¬ 
eries. 


Gallon  tax  on 
purchases. 


Violation  a  Misdemeanor 

Sec.  30.  Any  person,  firm,  or  corporation  that  shall  operate 
any  motor  vehicle  upon  any  highway  of  the  State,  without  license, 
as  is  required  under  this  act,  shall  be  guilty  of  a  misdemeanor 
and  fined  or  imprisoned  in  the  discretion  of  the  court.  No  motor 
or  other  vehicle  or  trailer  which  has  a  greater  rated  weight  of 
both  vehicle  and  load  exceeding  seven  and  one-half  (T1/^)  tons 
shall  go  over  or  be  operated  upon  any  State  highway.  Any 
person,  firm,  or  corporation  violating  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor. 

Sec.  31.  For  the  purpose  of  carrying  out  the  provisions  of  this 
act  the  funds  collected  hereunder  shall  be  kept  by  the  State  Treas¬ 
urer  in  a  separate  fund  to  be  known  and  designated  as  “State 
Highway  Fund,”  and  all  moneys  directed  to  be  paid  out  under 
this  act  shall  be  paid  by  the  State  Treasurer  upon  voucher  issued 
by  the  State  Highway  Commission,  and  charged  to  the  State 
Highway  Fund. 

Gasoline  Tax 

Sec.  32.  The  following  words,  terms,  and  phrases  in  this  sec¬ 
tion  of  this  act  for  the  purposes  hereof  are  defined  as  follows: 

(a)  “Motor  vehicles”  shall  include  all  vehicles,  movable  en¬ 
gines,  or  machines  which  are  operated  or  propelled  by  combustion 
of  gasoline,  or  other  volatile  and  inflammable  liquid  fuels,  and 
are  operated  and  used  for  travel  on  the  public  highways. 

(b)  “Motor  vehicle  fuels”  are  such  fuels  known  as  gasoline, 
benzine,  naptha,  liberty  fuel,  and  such  other  volatile  and  inflam¬ 
mable  liquids  produced  or  compounded  for  the  purpose  of  operat¬ 
ing  or  propelling  motor  vehicles,  except  the  product  commonly 
known  as  kerosene  oil. 

(c)  The  term  “dealer”  is  hereby  defined  as  any  person  or  corpo¬ 
ration  who  has  in  his,  its,  or  their  possession,  for  sale  to  the  con¬ 
sumer,  any  gasoline,  benzine,  naptha,  liberty  fuel,  and  such  other 
volatile  or  inflammable  liquids  produced  or  compounded  for 
operating  or  propelling  motor  vehicles  as  herein  defined  for  use, 
distribution  or  sale  in  the  State. 

Sec.  33.  That  in  addition  to  the  taxes  now  provided  for  by 
law,  each  and  every  dealer,  as  defined  in  this  act,  who  is  now 
engaged,  or  who  may  hereafter  engage,  in  his  own  name  or  in 
the  name  of  others,  or  in  the  name  of  his  representatives  or 
agents  in  this  State,  in  the  sale  or  distribution  as  dealers  or 
distributors  of  motor  vehicle  fuel  as  herein  defined,  shall  not 
later  than  the  twentieth  day  of  each  calendar  month,  render  a 
statement  to  the  Secretary  of  State,  showing  all  motor  vehicle 
fuel  purchased  for  sale  and  delivered  during  the  preceding  cal¬ 
endar  month,  and  pay  a  license  tax  of  three  cents  per  gallon  on  all 
motor  vehicle  fuel  so  purchased  as  shown  by  such  statement  in 


State  Road  Law 


21 


the  manner  and  within  the  time  aforesaid:  Provided ,  hoivever,  Proviso: 
that  whenever  any  dealer  or  distributor  of  motor  vehicle  fuel  wholesale  dealer, 
shall  show  to  the  satisfaction  of  the  Secretary  of  State,  by  com¬ 
plying  with  such  rules  and  regulations  as  shall  be  made  by  the 
Secretary  of  State  for  that  purpose,  that  the  tax  hereby  pro¬ 
vided  to  be  paid  by  the  dealer  or  distributor  of  motor  vehicle 
fuel  as  aforesaid  has  been  voluntarily  paid  by  the  wholesale 
dealer,  then  and  in  that  event  the  reports  required  by  this 
act  to  be  made  by  such  dealer  or  distributor,  and  by  the  whole¬ 
sale  dealer,  shall  not  be  required  to  be  made,  and  the  dealer 
or  distributor  shall  not  be  required  to  pay  the  tax  hereby  levied. 

That  every  wholesale  dealer  selling  any  motor  vehicle  fuel  in  Wholesale  dealers 
the  State  shall  render  to  the  Secretary  of  State  every  thirty  days  monthly!  SaleS 
a  statement  of  all  the  sales  in  the  State,  which  statement  shall 
contain  the  name  and  business  address  of  the  dealer  and  the 
date  and  amount  of  such  sale.  Any  wholesale  dealer  willfully  Failure  a  misde- 
failing  to  comply  with  the  provisions  of  this  section  shall  be meanor- 
guilty  of  a  misdemeanor  and  fined  or  imprisoned  in  the  discretion  Punishment, 
of  the  court. 

Sec.  34.  Every  dealer  in  motor  vehicle  fuel  shall  render  to  the  Monthly  reports 

Secretary  of  State,  on  or  before  the  twentieth  day  of  each  month,  saies.rchabeb  and 

on  forms  prescribed,  prepared,  and  furnished  by  the  Secretary  of 

State,  a  sworn  statement  of  the  number  of  gallons  of  motor 

vehicle  fuel  purchased  and  sold  to  be  used  in  motor  vehicles  as 

herein  defined  by  him  or  them  during  the  preceding  calendar 

month,  which  statement  shall  be  sworn  to  by  one  of  the  principal  Report  sworn. 

officers  in  the  case  of  a  domestic  corporation,  or  by  the  resident 

general  agent  of  a  foreign  corporation,  by  the  managing  agent  or 

owner  in  case  of  a  firm  or  association,  and  shall  contain  an  itemized  accounts 

•  of  purchases 

itemized  account  of  the  dates  and  quantities  of  motor  vehicle  fuel 
purchased. 

Sec.  35.  Said  license  tax  shall  be  paid  on  or  before  the  twen-  Tax^pai^monthiy 
tieth  day  of  each  month  to  the  Secretary  of  State,  who  shall  re-  state, 
ceipt  the  dealer  therefor  and  promptly  turn  over  to  the  state  Secretary  to ^ 
Treasurer  as  other  receipts  of  his  office,  and  the  State  Treasurer  credit  to  state 
shall  place  the  same  to  the  credit  of  the  “State  Highway  Fund,”  Highway  Fund. 

to  be  expended  as  provided  by  this  act. 

Sec.  36.  Every  dealer  in  motor  vehicle  fuel  shall  keep  a  record  Records^to^e ^ 
in  such  form  as  may  be  prescribed  by  the  Secretary  of  State  of  all 
purchases  of  motor  vehicle  fuel;  such  records  to  include  copies  of  Details, 
all  invoices  or  bills  of  all  such  purchases,  and  shall  at  all  times  J^Jr^ion  of 
during  the  business  hours  of  the  day  be  subject  to  inspection  by 
the  Secretary  of  State  or  his  deputies,  or  such  other  officers  as 
may  be  duly  authorized  by  said  Secretary  of  State. 

Sec.  37.  Any  dealer,  association  of  persons,  firm,  or  corporation  Vjolatum  of  act 

violating  any  of  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  Punishment. 


22 


State  Road  Law 


Action  for 
recovery  of  tax. 


Judgment  if 
failure  willful. 


Collections  to 
credit  of  Highway 
Fund. 

Remedies  for  col¬ 
lection  of  tax. 


fine  not  to  exceed  one  hundred  dollars  ($100),  or  by  Imprisonment 
in  the  county  jail  for  a  period  not  to  exceed  six  months,  or  both. 

Sec.  38.  If  any  person,  firm,  or  corporation  shall  fail  to  pay 
the  tax  on  motor  vehicle  fuel,  due  by  such  person,  firm,  or  corpo¬ 
ration  under  the  provisions  of  this  act,  within  thirty  (30)  days 
after  such  tax  shall  be  due,  the  State  Treasurer  shall  bring  the 
appropriate  action  in  the  courts  of  the  State  for  the  recovery  of 
such  tax,  and  if  it  shall  be  found  as  a  fact  that  such  failure  to 
pay  was  willful  on  the  part  of  such  person,  firm,  or  corporation, 
judgment  shall  be  rendered  against  such  person,  firm,  or  corpora¬ 
tion  for  double  the  amount  of  the  tax  found  to  be  due,  together 
with  cost,  and  the  amount  collected  shall  be  placed  by  the  State 
Treasurer  to  the  “State  Highway  Fund/'  All  remedies  now,  or 
which  may  hereafter  be  given  by  the  laws  of  the  State  of  North 
Carolina  for  the  collection  of  taxes,  are  expressly  given  herein 
for  the  collection  of  the  judgment  recovered  by  the  State  Treas¬ 
urer  under  this  section. 


Bond  Issue  foe  Road  Construction 


Purposes  of  bond 
issue. 


Bond  issue 
directed. 

Maturity. 

Amount. 

Official  designa¬ 
tion. 

Maturity  in  series. 


Amounts  annually 
issued. 


Progress : 
Additional  sale 
authorized  by 
Governor  and 
Council. 


Sec.  39.  That  for  the  purpose  of  carrying  out  the  provisions 
of  this  act,  and  of  enabling  the  State  to  avail  itself  to  the  fullest 
extent  of  all  Federal  aid  funds  that  are  now  or  may  become  avail¬ 
able  for  use  in  the  State  for  road  purposes,  the  State  Treasurer  is 
hereby  authorized,  empowered,  and  directed  to  issue  and  sell 
serial  bonds  of  the  State  payable  in  not  less  than  ten  nor  more 
than  forty  years  from  the  date  of  issue,  and  aggregating  not  more 
than  fifty  million  dollars  ($50,000,000),  to  be  known,  styled,  and 
designated  “State  of  North  Carolina  Highway  Serial  Bonds/'  said 
bonds  to  mature  at  such  time  or  times,  not  less  than  ten  years 
nor  more  than  forty  years  from  the  date  of  said  bonds,  as  may 
be  determined  and  fixed  by  the  Governor  and  Council  of  State. 
Not  more  than  ten  million  dollars  ($10,000,000)  of  said  bonds 
may  be  issued  and  sold  in  the  year  one  thousand  nine  hundred 
and  twenty-one;  and  not  more  than  ten  million  dollars  ($10,000,- 
000)  of  said  bonds  may  be  issued  and  sold  in  the  year  one  thou¬ 
sand  nine  hundred  and  twenty-two;  and  the  balance  may  be 
issued  and  sold  at  the  rate  of  ten  million  dollars  ($10,000,000) 
per  annum:  Provided,  however,  that  if  the  progress  of  the  work 
shall  be  such  as  to  justify  it,  then,  and  in  that  event,  more 
than  ten  million  dollars  ($10,000,000)  of  the  total  amount  herein 
authorized  may  be  issued  and  sold  in  any  one  year  at  the 
request  of  the  State  Highway  Commission,  and  by  and  with 
the  consent  of  the  Governor  and  Council  of  State. 

An  additional  issue  of  fifteen  million  dollars  ($15,000,000) 
of  bonds  is  hereby  authorized.  The  said  bonds  shall  be  issued 
in  the  manner  and  in  accordance  with  the  provisions  of  said 


State  Road  Law 


23 


ehaptei  two  of  said  act  as  amended,  and  the  proceeds  received 
therefrom  shall  be  used  for  the  purposes  in  said  act  prescribed. 

Sec.  40.  That  all  of  said  bonds  shall  bear  interest  at  a  rate  to  interest, 
be  fixed  by  the  Governor  and  Council  of  State,  but  not  exceeding 
five  per  cent  per  annum,  and  are  to  be  dated  the  first  day  of  Dates. 
January  or  July,  of  the  year  in  which  the  bonds  are  issued. 

Interest  on  said  bonds  shall  be  payable  semiannually  on  the  interest  semi- 
first  day  of  January  and  July  of  each  and  every  year  so  long  as  annual- 
any  portion  of  said  bonds  shall  remain  unpaid;  and  when  sold  state  Highway 
and  turned  over  to  the  State  Treasurer  all  of  said  fund  to  be  Fund- 
part  of  the  construction  fund  and  known  as  the  “State  Highway 
Fund.” 

Sec.  41.  That  all  bonds  authorized  and  issued  under  this  act  Bonds  coupon  or 
shall  be  coupon  bonds  of  the  denomination  of  one  hundred  dol-  resistered. 


lars  ($100),  five  hundred  dollars  ($500),  and  one  thousand 
dollars  ($1,000),  respectively,  or  such  other  denominations  as 
the  State  Treasurer  may  determine,  and  shall  be  signed  by 
the  Governor  and  the  State  Treasurer,  and  sealed  with  the 
great  seal  of  the  State.  The  coupons  thereon  may  be  signed  by 
the  State  Treasurer  alone,  or  he  may  have  lithographed,  engraved, 
or  printed  thereon  a  facsimile  of  his  signature.  The  said  bonds 
shall  be  in  all  other  respects  in  such  form  as  the  State  Treasurer 
may  direct.  The  coupons  after  maturity  shall  be  receivable  in 
payment  of  taxes,  debts,  dues,  licenses,  fines,  and  demands  due 
the  State  of  any  kind  whatsoever,  which  shall  be  expressed  on 
the  face  of  the  bonds.  Before  selling  the  bonds  herein  authorized 
to  be  issued,  the  State  Treasurer  shall  advertise  the  sale  and  in¬ 
vite  sealed  bids  in  such  manner  as  in  his  judgment  may  seem 
most  effectual  to  secure  the  best  price.  He  is  authorized  to  ac¬ 
cept  bids  for  the  entire  amount  of  such  issue  to  be  sold  in  any 
one  year,  or  any  portion  thereof,  and  when  the  conditions  are 
equal,  he  shall  give  the  preference  of  purchase  to  the  citizens 
of  North  Carolina;  and  he  is  empowered  to  sell  the  bonds  herein 
authorized  in  such  manner  as  in  his  judgment  will  produce 
the  best  price,  but  not  for  less  than  par  and  accrued  interest, 
and  the  full  faith,  credit,  and  taxing  power  of  the  State  are 
hereby  pledged  for  the  payment  of  the  principal  and  interest 
of  the  bonds  herein  authorized  to  be  issued  and  sold.  All  ex¬ 
penses  necessarily  incurred  in  the  preparation  and  sale  of  the 
bonds  shall  be  paid  from  the  proceeds  of  such  sale. 

Sec.  42.  That  the  said  bonds  shall  be  subject  to  registration  as 
to  principal  alone,  or  both  principal  and  interest,  in  accordance 
with  the  provisions  of  the  general  law  governing  registration 
of  the  State  securities  as  the  same  may  from  time  to  time  be 
in  force. 

Sec.  43.  The  said  bonds  and  coupons  and  notes  issued  in  antici¬ 
pation  of  the  sale  of  the  bonds,  or  for  the  payment  of  the  interest 


Denominations. 

Authentication. 


Coupons  receiv¬ 
able  for  State 
taxes. 


Advertisement  of 
sale  of  bonds. 


Bids  for  whole 
or  part  of  issue. 


Preference  to 
citizens. 


Sale  below  par 
forbidden. 

Faith,  credit,  and 
taxing  power  of 
State  pledged. 

Expenses  of 
preparation  and 
sale  of  bonds. 


Exemption  from 
taxation. 


24 


State  Road  Law 


Lawful  investment 
for  fiduciaries. 


Loans  in  antici¬ 
pation  of  sale  of 
bonds. 


Loans  for  pay¬ 
ment  of  interest 
and  installments. 


Execution  of 
notes. 

Renewal. 

Details  fixed  by 
Governor  and 
Council. 


Notes  entitled  to 
exemptions  as 
bonds. 


Faith,  credit,  and 
taxing  power  of 
State  pledged. 

Proceeds  to  credit 
of  Highway  Fund. 


Payment  of  notes 
from  bond  sales. 

Notes  for  payment 
of  interest. 


Vouchers  for  pay¬ 
ment  from  funds. 


thereon,  shall  be  exempt  from  all  State,  county,  and  municipal 
taxation  or  assessments,  direct  or  indirect,  general  or  special, 
whether  imposed  for  the  purposes  of  general  revenue  or  other- 
interest  thereon,  or  installment  or  principal,  be  subject  to  taxation 
for  incomes,  nor  shall  said  bonds  and  coupons  and  notes  issued 
in  anticipation  of  sale  of  the  bonds,  or  for  the  payment  of  the 
interest  thereon,  or  installment  or  principal,  be  subject  to  taxation 
when  constituting  a  part  of  the  surplus  of  any  bank,  trust  com¬ 
pany  or  other  corporation. 

Sec.  44.  It  shall  be  lawful  for  all  executors,  administrators, 
guardians,  and  fiduciaries  generally,  and  all  sinking  fund  commis¬ 
sioners  to  invest  any  moneys  in  their  hands  in  said  bonds  when 
such  investments  are  made. 

Sec.  45.  The  State  Treasurer,  by  and  with  the  consent  of  the 
Governor  and  Council  of  State,  is  hereby  authorized  to  borrow 
money  at  the  lowest  rate  of  interest  obtainable,  in  anticipation  of 
the  sale  of  the  bonds  herein  authorized,  and  for  the  purposes 
for  which  said  bonds  are  authorized  to  be  issued.  The  State 
Treasurer  is  hereby  further  authorized,  by  and  with  the  consent 
of  the  Governor  and  Council  of  State,  to  borrow  money  at  the 
lowest  rate  of  interest  obtainable,  for  the  purpose  of  paying  the 
interest  on,  or  any  installments  of  the  said  bonds,  in  the  event 
that  there  are  not  sufficient  funds  in  the  State  Treasury  with 
which  to  pay  said  interest  or  installments  of  principal  as  they 
respectively  fall  due.  The  State  Treasurer  shall  execute  and 
issue  notes  of  the  State  for  the  money  so  borrowed,  and  he  is 
hereby  authorized  to  renew  any  such  notes  from  time  to  time 
by  issuing  new  notes.  The  rates  of  interest,  the  date  of  payment 
of  said  notes  or  renewals,  and  all  matters  and  details  in  con¬ 
nection  with  the  issuance  and  sale  thereof  shall  be  fixed  and 
determined  by  the  Governor  and  Council  of  State.  Such  notes 
when  issued  shall  be  entitled  to  all  the  privileges,  immunities 
and  exemptions  that  the  bonds  authorized  to  be  issued  are 
entitled  to.  The  full  faith,  credit  and  taxing  power  of  the  State 
are  hereby  pledged  for  the  payment  of  such  notes  as  may  be 
issued,  and  all  interest  thereon.  The  proceeds  received  from 
said  notes,  other  than  notes  that  may  be  issued  to  pay  interest 
or  installments  of  principal  of  the  bonds,  shall  be  placed  by  the 
State  Treasurer  in  the  “State  Highway  Fund”  herein  provided 
for.  The  notes  issued  in  anticipation  of  the  sale  of  the  bonds 
shall  be  paid  with  funds  derived  from  the  sale  of  bonds,  unless 
otherwise  provided  for  by  the  General  Assembly.  The  notes 
issued  for  the  payment  of  interest  shall  be  paid  from  the  funds 
collected  under  this  act,  as  herein  provided  for,  when  collected, 
unless  otherwise  provided  for  by  the  General  Assembly. 

Sec.  46.  The  State  Highway  Commission,  under  rules  and  reg¬ 
ulations  established  by  the  commission,  shall  have  full  control 


State  Road  Law 


25 


over  the  funds  in  the  hands  of  the  State  Treasurer  known  as 
the  “State  Highway  Fund,”  and  the  same  shall  be  paid  out  by 
the  State  Treasurer  upon  proper  voucher  of  the  State  Highway 
Commission  for  carrying  out  the  purposes  of  this  act. 

Law  to  be  Published 

Sec.  47.  That  the  State  Highway  Commission,  as  soon  as  prac-  Compilation  of 
ticable  after  the  ratification  of  this  act,  shall  have  carefully  com-  pubPshld.*0  be 
piled  the  road  laws  of  this  State  relating  to  the  State  highway 
system,  and  shall  have  published  not  exceeding  10,000  copies  of 
said  compilation  to  be  distributed  by  said  commission,  the  cost 
thereof  to  be  paid  out  of  the  State  Highway  Fund. 

Sec.  48.  All  contracts  or  agreements  heretofore  made  or  en-  Contracts 
tered  into  by  the  existing  Highway  Commission  as  to  location  heretofore  made, 
and  construction  of  any  roads  or  highways,  or  for  any  other 
purpose,  shall  be  and  remain  in  full  force  and  effect  and  taken 
over  by  the  Highway  Commission  provided  for  in  this  act,  and 
all  contractors  who  have  entered  into  any  contract  with  the 
existing  Highway  Commission,  whether  private  or  municipal, 
shall  carry  out  such  contracts  so  made  and  all  rights  and 
remedies  existing  under  such  contracts  by  the  present  Highway 
Commission  or  any  contractor  shall  remain  in  full  force  and 
effect. 


Malfeasance  a  Felony 

Sec.  49.  Any  member  of  the  Highway  Commission,  or  any  per-  Acts  declared 
son  employed  by  the  Highway  Commission  in  connection  with  felonies- 
carrying  on  the  work  outlined  in  this  act,  who  shall  knowingly, 
of  fraudently,  perform  any  act  with  intent  to  injure  the  State,  or 
any  contractor,  or  his  agent  or  employee,  who  shall  conspire  with 
a  member  of  the  Highway  Commission  or  employee  thereof  or  any 
State  official  to  permit  a  violation  of  the  contract  or  contractor 
with  intent  to  injure  the  State,  or  any  agent  or  employee  of  any 
contractor  who  shall  do  any  work  on  any  State  highway  in  viola¬ 
tion  of  contract,  and  with  intent  to  defraud  the  State,  and  the 
member  of  the  State  Highway  Commission  employee  or  State 
official  so  conspiring  shall  each  be  guilty  of  a  felony,  and  upon  con¬ 
viction  thereof,  shall  be  confined  in  the  State  Prison  not  less  than  Punishment, 
one  year  and  not  more  than  five  years,  and  be  liable  to  the  State  in 

a  civil  action  instituted  by  the  State  on  relation  of  the  State  Liablity  in  civil 

actions. 

Highway  Commission,  for  double  the  amount  the  State  may  have 
lost  by  reason  thereof. 

Sec.  50.  The  board  of  county  commissioners  or  other  road- 
governing  bodies  of  the  various  counties  in  the  State  are  hereby 
relieved  of  all  responsibility  or  liability  for  the  upkeep  or  main-  Responsibility  of 
tenance  of  any  of  the  roads  or  bridges  thereon  constituting  the  countles  devolved. 
State  highway  system,  after  the  same  shall  have  been  taken  over, 


26 


State  Road  Law 


Liability  of  State 
Highway  Commis¬ 
sion. 

Declaration  of  un¬ 
constitutionality 
of  part  of  act  not 
to  affect  re¬ 
mainder. 

Repealing  clause. 
Law  excepted 
from  repeal. 


Continuation  of 
present  commis¬ 
sion. 

Further  action 
authorized. 


Contracts  to  be 
taken  over. 

When  act  effec¬ 
tive. 


and  the  control  thereof  assumed  by  the  State  Highway  Commis¬ 
sion,  and  the  State  Highway  Commission  both  as  a  commission  and 
the  individual  members  thereof,  shall  not  be  liable  for  any  damage 
sustained  by  any  person,  firm,  or  corporation  on  the  said  State 
highway  system,  except  for  wanton  and  corrupt  negligence. 

Sec.  51.  That  if  any  provision  of  this  act  shall  be  declared  by 
the  courts  unconstitutional,  such  declaration  shall  not  affect  the 
validity  of  any  of  the  remaining  provisions  of  this  act. 

Sec.  52.  All  laws  and  clauses  of  laws  in  conflict  with  the  pro¬ 
visions  of  this  act,  except  chapter  64  of  the  Public  Laws  of  the 
Extra  Session  of  the  General  Assembly  of  nineteen  twenty,  are  to 
the  extent  of  such  conflict  hereby  repealed. 

Sec.  53.  Until  the  organization  of  the  State  Highway  Commis¬ 
sion  provided  for  in  this  act  the  present  existing  State  Highway 
Commission  shall  continue  in  effect  and  be  authorized  to  act  pur¬ 
suant  to  chapter  189,  Public  Laws  of  nineteen  nineteen  and  all 
other  laws  in  force  at  this  time  relating  to  the  State  Highway 
Commission,  and  to  enter  into  contracts,  which,  together  with  all 
existing  contracts,  shall  be  taken  over  by  the  State  Highway  Com¬ 
mission  created  by  this  act,  and  in  all  other  respects  this  act  shall 
be  in  force  from  and  after  the  date  of  its  ratification. 

Ratified  this  the  5th  day  of  March,  A.  D.  1923. 


An  act  to  require  every  person  driving  any  motor  ve¬ 
hicle  on  a  public  highway  on  approaching  railroad 
grade  crossings  to  stop,  look,  and  listen  before 
passing  thereover. 

The  General  Assembly  of  North  Carolina  do  enact: 

Section  1.  That  no  person  operating  any  motor  vehicle  upon 
a  public  road  shall  cross,  or  attempt  to  cross,  any  railroad  or 
interurban  track  intersecting  the  road  at  grade  other  than  a 
crossing  at  which  there  is  a  gate  or  a  watchman  (except  an 
electric  railway  track  in  a  city,  town,  or  village)  without  first 
bringing  said  motor  vehicle  to  a  full  stop  at  a  distance  not 
exceeding  fifty  (50)  feet  from  the  nearest  rail.  That  no  failure 
so  to  stop,  however,  shall  be  considered  contributory  negligence 
per  se  in  any  action  against  the  railroad  or  interurban  company 
for  injury  to  person  or  property;  but  the  facts  relating  to  such 
failure  to  stop  may  be  considered  with  the  other  facts  in  the  case 
in  determining  whether  the  plaintiff  was  guilty  of  contributory 
negligence. 

Sec.  2.  That  every  railroad  or  interurban  company  operating 
or  leasing  any  track  intersecting  a  public  road  at  grade  shall 
place  a  sign-board  not  less  than  ten  feet  from  the  ground,  on  the 
right  side  of  the  road,  forty  inches  by  fifty  inches,  one  hundred 
feet  from  said  crossing,  which  shall  be  painted  with  red  lettering, 
to  insure  warning  of  the  proximity  of  the  crossing  and  notice 
to  stop  said  motor  vehicle,  with  the  following:  “N.  C.  Law. 
Stop!”:  Provided,  this  act  shall  not  interfere  with  the  regula¬ 
tions  prescribed  by  towns  and  cities. 

Sec.  3.  That  any  person  violating  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
fined  not  more  than  ten  dollars,  or  imprisoned  not  more  than 
ten  days,  or  both,  in  the  discretion  of  the  court. 

Sec.  4.  That  this  act  shall  be  in  force  from  and  after  the 
first  day  of  July,  one  thousand  nine  hundred  and  twenty-three. 

In  the  General  Assembly,  read  three  times  and  ratified  this 
the  6th  day  of  March,  1923. 

(Signed)  W.  B.  Cooper, 

President  of  the  Senate. 

(Signed)  John  G.  Dawson, 
Speaker  of  the  House  of  Representatives. 

Examined  and  found  correct: 

(Signed)  W.  R.  Vaughan, 

For  Committee. 


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